COMMITTEE ON THE RIGHTS OF THE CHILD TO HOLD THIRTY-FOURTH SESSION IN GENEVA FROM 15 SEPTEMBER TO 3 OCTOBER 2003

Reports from San Marino, Canada, New Zealand, Pakistan, Madagascar, Brunei Darussalam, Singapore, Bangladesh and Georgia to be Reviewed

10 September 2003


The Committee on the Rights of the Child will meet in Geneva from 15 September to 3 October 2003 to review the promotion and protection of children's rights in San Marino, Canada, New Zealand, Pakistan, Madagascar, Brunei Darussalam, Singapore, Bangladesh and Georgia during its autumn session.
The Committee was formed in 1991 to monitor the implementation of the Convention on the Rights of the Child which gives a comprehensive collection of children's rights the force of international law. The countries scheduled to come before the Committee at this session are among the 192 to have ratified or acceded to the Convention. The treaty is the most widely accepted international human rights instrument. Only Somalia and the United States have not ratified it. States parties to the Convention are expected to send representatives to the Committee to present periodic reports on national efforts to give effect to children's rights.
The Committee is meeting for the second time as an 18-member body after States parties approved the increase of its membership from 10 to 18 Experts to enable the Committee to face a rapidly growing workload. It will start its session by approving its agenda and programme of work.
When it reviews the second periodic report of New Zealand, the Committee will also review the initial report of the State party under the Optional Protocol on the involvement of children in armed conflicts. This will be the first time ever that the Committee will consider a report under one of the two new Optional Protocols to the Convention which came into force in 2002.
On Friday, 19 September, the Committee will hold a general discussion day on the rights of indigenous children.
Concluding Remarks on Reports of States Parties Previously Reviewed
Of the nine countries whose reports are being considered this session, six have had reports previously reviewed. The other three countries are presenting initial reports.
In its concluding remarks on the initial report of Canada, which was reviewed in May 1995, the Committee appreciated the State party’s firm commitment to adopting further measures for the implementation of the rights of the child as recognized in the Convention. It noted with satisfaction the general strengthening of the protection of human rights, particularly children’s rights, through the Canadian Charter of Rights and Freedoms and through the adoption of legislative measures in the field of children’s rights. The Committee welcomed the establishment of the Children’s Bureau and its role in ensuring that the Convention was taken into account in Government policies. The Committee expressed concern about the emerging problem of child poverty, especially among vulnerable groups; and the increasing number of children who were brought up by single parent families. The Committee encouraged the Government of Canada to ensure the full implementation of Article 4 of the Convention in the light of the general principles of the Convention, in particular the best interest of the child. It suggested that the State party examine the possibility of reviewing the penal legislation allowing corporal punishment of children by parents, in schools and in institutions.
Concerning the initial report of New Zealand, which was reviewed in January 1997, the Committee welcomed the adoption of the Domestic Protection Act in 1995 which provided greater protection to the victims of domestic violence and in particular the extension of protection under the domestic protection system to children. It also welcomed the wide range of support services that were available to assist children with disability to enhance their development and maximize their potential. Among its principal subjects of concern, the Committee regretted that the State party’s approach to the rights of the child appeared to be somewhat fragmented, as there was no global policy or plan of action which incorporated the principles and provisions of the Convention, encompassing all the areas covered by the treaty. The Committee recommended that the State party pursue the process of bringing existing legislation into line with the principles and provisions of the Convention. It suggested that the State party prepare and adopt a comprehensive policy statement with respect to the rights of the child, incorporating the principles and provisions of the Convention.
With respect to the initial report of Pakistan, which was taken up in April 1994, the Committee noted as positive aspects the fact that a national conference was organized in December 1991 for a discussion on priority areas of survival, protection and development of children, and it had taken note with appreciation of the “Islamabad Declaration” adopted at that conference. It noted with satisfaction the positive support and encouragement the Government was giving to the South Asian Association for Regional Cooperation Decade for the Girl Child. Principal subjects of concern included the apparent low level of awareness among the general public as to the provisions and principles of the Convention; the effectiveness of measures to attain the goal of primary education for all, particularly for girls; and the system of administration of juvenile justice and its non-compatibility with the provisions of the Convention. The Committee recommended that the State party undertake a thorough review of its national plan of action on children; develop awareness-raising and training programmes to combat violence against children and prevent their abuse, neglect, abandonment and ill-treatment; and continue taking measures to strengthen the primary health care system.
After considering the initial report of Madagascar in September 1994, the Committee noted among positive aspects the establishment of the Intersectoral Follow-up Committee which drafted the initial report and which was envisaged as a permanent coordinating body to ensure an effective follow-up in close evaluation and monitoring of the situation of children in the country. It expressed satisfaction that representatives of international organizations were included in the Follow-up Committee, which might facilitate better coordination in the area of international cooperation and development assistance aimed at improving the situation of children of Madagascar. Principal subjects of concern included the lack of fundamental legal administrative reforms needed to apply the Convention which had still not been fully undertaken in the country. Child labour continued to be a serious problem in Madagascar; and insufficient measures had been taken to prevent and combat the incitement to child pornography as well as prostitution involving children. The Committee recommended, among other things, that the Government develop information and awareness campaigns on the principles and provisions of the Convention; undertake a comprehensive review of national legislation; and establish an effective and permanent system of monitoring the implementation of the Convention.
Concerning the initial report of Bangladesh, which was considered in May 1997, the Committee noted among positive aspects the adoption in 1995 of a National Policy for Children as well as the establishment of the National Children’s Council, and the progress made by the State party in significantly reducing the child mortality rate over the last decade. Principal subjects of concern included the lack of appropriate measures to combat and prevent ill-treatment and abuse, including sexual abuse, both within and outside the family, and the lack of awareness and information on that matter. The birth of most children in the State party was not registered. The Committee recommended that the State party pursue its efforts to ensure full compatibility of its national legislation with the Convention. It suggested that a multidisciplinary monitoring and coordinating system be established to assess the progress achieved and difficulties encountered in the realization of the rights recognized by the Convention, and steps should be taken in the areas of health and welfare services.
And with regard to the initial report of Georgia, considered in May 2000, the Committee noted among positive aspects the efforts of the State party in the area of legislation. It welcomed the establishment of the Office of the Public Defender to examine complaints of violations of human; the ratification of the State party of the six main international human rights instruments; and the election of the Youth Parliament of Georgia which was mandated to consider relevant youth issues and prepare recommendations in that regard to the National Parliament of Georgia. Principal subjects of concern included the lack of an effective mechanism to facilitate the coordination and systematic implementation of the Convention; and the limited availability of programmes and services and the lack of adequate disaggregated data in the area of adolescent health, including teenage pregnancy, abortion, HIV/AIDS and STDs, alcohol, drug and substance abuse. The Committee recommended, among other things, that the State party take all measures to improve the situation of education and ensure that all children enjoyed the right to education. It also recommended that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment, within the family, the schools and care institutions.
Convention on the Rights of the Child
The General Assembly adopted the Convention unanimously on 20 November 1989, 30 years after the adoption of the Declaration on the Rights of the Child. The Convention makes States, which accept it, legally accountable for their actions towards children. Work on drafting the Convention began in 1979 -- the International Year of the Child -- at the Commission on Human Rights.
The Convention was opened for signature on 26 January 1990. That day, 61 countries signed it, a record first-day response. It entered into force just seven months later, on 2 September 1990.
Ratifying the Convention entails reviewing national legislation to make sure it is in line with the provisions of the treaty. The Convention stipulates, among other things, that every child has the right to life, and that States shall ensure to the maximum child survival and development; that every child has the right to a name and nationality from birth; and that when courts, welfare institutions or administrative authorities deal with children, the child's best interests shall be a primary consideration. The Convention recognizes the right of children to be heard.
Furthermore, States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind, and shall ensure that children should not be separated from their parents, unless by competent authorities for their well-being. In addition, States shall facilitate reunification of families by permitting travel into, or out of, their territories; and States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.
Also according to the Convention, disabled children shall have the right to special treatment, education and care; primary education shall be free and compulsory and discipline in school should respect the child's dignity; capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18; no child under 15 should take any part in hostilities and children exposed to armed conflict shall receive special protection; and children of minority and indigenous populations shall freely enjoy their own cultures, religions and languages.
In May 2000, the General Assembly adopted by consensus the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography. The Optional Protocols entered into force in 2002.
Committee Membership
The Convention requires that the members of the Committee have a high moral standing and recognized competence in the field of children's rights. The following Experts, elected by the State parties to serve in their personal capacity, have been elected to the Committee: Ibrahim Abdul Aziz Al-Sheddi (Saudi Arabia), Ghalia Mohd Bin Hamad Al-Thani (Qatar), Joyce Aluoch (Kenya), Saisuree Chutikul (Thailand), Luigi Citarella (Italy), Jacob Egbert Doek (the Netherlands), Kamel Filali (Algeria), Moushira Khattab (Egypt), Hatem Kotrane (Tunisia), Lothar Friedrich Krappmann (Germany), Yanghee Lee (Republic of Korea), Norberto Liwski (Argentina), Rosa Maria Ortiz (Paraguay), Awa N'Deye Ouedraogo (Burkina Faso), Marilia Sardenberg Goncalves (Brazil), Lucy Smith (Norway); Marjorie Taylor (Jamaica), and Nevena Vuckovic-Sahovic (Serbia and Montenegro).
Mr. Doek is the Chairperson. Ms. Aluoch, Ms. Chutikul and Ms. Sardenberg Goncalves are Vice Chairpersons, and Ms. Khattab is the Rapporteur.
Tentative Timetable for Consideration of Reports
The following is a tentative timetable for the consideration of reports from States parties to the Convention during this session:
Tuesday, 16 September 10 a.m.-1 p.m. San Marino (CRC/C/8/Add.46)
3 p.m.-6 p.m.
Wednesday, 17 September 10 a.m.-1 p.m. Canada (CRC/C/83/Add.6)
3 p.m.-6 p.m.
Thursday, 18 September 10 a.m.-1 p.m. New Zealand (CRC/C/93/Add.4)
3 p.m.-6 p.m.
Monday, 22 September 10 a.m.-1 p.m. Pakistan (CRC/C/65/Add.21)
3 p.m.-6 p.m.
Tuesday, 23 September 10 a.m.-1 p.m. Madagascar (CRC/C/70/Add.18)
3 p.m.-6 p.m.
Thursday, 25 September 10 a.m.-1 p.m. Brunei Darussalam (CRC/C/61/Add.5)
3 p.m.-6 p.m.
Friday, 26 September 10 a.m.-1 p.m. Singapore (CRC/C/51/Add.8)
3 p.m.-6 p.m.
Tuesday, 30 September 10 a.m.-1 p.m. Bangladesh (CRC/C/65/Add.22)
3 p.m.-6 p.m.
Wednesday, 1 October 10 a.m.-1 p.m. Georgia (CRC/C/104/Add.1)
3 p.m.-6 p.m.